Madhuri Gahlaut vs State Of Uttarakhand And Another

Alok Kumar Verma, J

The applicant – accused Smt. Madhuri Gahlaut has invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 to quash the remand order dated 18.05.2022 and the impugned Charge-sheet No.41 of 2022 dated 22.03.2022, filed in connection with the First Information Report No.262 of 2021, registered with Police Station Kotwali, Pithoragarh and to enlarge the applicant on bail.

Heard Mr. Bhupesh Kandpal, learned counsel for the applicant and Mr. T.C. Agarwal, learned Deputy Advocate General for the State.

Mr. Bhupesh Kandpal, learned counsel for the applicant, submitted that the charge-sheet has not been filed so far against the present applicant. He further submitted that the First Information Report was registered for the offence under Section 420 of IPC. The present applicant was not named in the said FIR. He further submitted that during the investigation, the name of the present applicant came into light. However, she has been arrested on 18.05.2022 in pursuance of the non-bailable warrant. He argued that no notice under Section 41 A of the Code of Criminal Procedure, 1973 was served upon the applicant and the present applicant is in custody.

The learned counsel appearing for the State fairly conceded that no notice under Section 41 A of the Code of Criminal Procedure, 1973 was served upon the applicant.

During the arguments, the learned counsel appearing for the applicant submitted that the present matter may be disposed of with the direction to the court below to decide the bail application of the applicant in view of the judgment of the “Arnesh Kumar vs. State of Bihar and Another”, (2014) 8 SCC 273 and the judgment dated 11.03.2022 of the Hon’ble Supreme Court, passed in Special Leave to Appeal (Crl.) No.1758 of 2022, “Jagdish Shrivastav vs. The State of Maharashtra”.

The learned counsel for the State has no objection.

Admittedly, no notice under Section 41 A of the Code was served upon the applicant.

Having heard the learned counsel for the parties, the present Criminal Miscellaneous Application (No.770 of 2022), filed under Section 482 of the Code of Criminal Procedure, 1973 is disposed of with the direction to the court below that, in case, the applicant Smt. Madhuri Gahlaut files an application for bail, the concerned court shall consider the same noting that the provisions of Section 41 A of the Code of Criminal Procedure, 1973 have not been complied with.

Let a certified copy of this order be provided to the learned counsel for the applicant, within twenty four, on payment of usual charges.